Blog: Inside The Trial Of Michael Hernandez
NBC 6's Tom Llamas Blogs From Courtroom
POSTED: 9:23 am EDT September 11,
2008
UPDATED: 9:26 am EDT September 25,
2008
ORLANDO, Fla. -- Below is NBC 6's Tom Llamas' blog from inside the trial of Michael Hernandez, a teenager accused of stabbing classmate Jaime Gough to death at a Miami middle school in 2004.
The jury has found Hernandez guilty of first degree murder ... guilty of first degree attempted murder.
6:45 p.m.
The jury has told the judge they will have a verdict within the hour. Jurors have been deliberating for three hours.
3:15 p.m.
Prosecution concluded its rebuttal by showing an evidence photo from Michael Hernandez's room. It shows how he hid a box of latex gloves. Police say Michael used latex gloves when he murdered Jaime Gough.
3:05 p.m.
The prosecution's rebuttal during closing arguments was much stronger than their actual closing arguments. Kaghan was fierce and passionate in her argument Michael knew what he was doing. She told jurors "he wanted to kill and he did." Michael's obsessive traits according to Kaghan show he was battling mental illness but it doesn't constitute insanity.
2:55 p.m.
State gets one last chance in front of jury. Kaghan has begun her rebuttal to the defense's closing arguments. She started by showing a photo of Jaime Gough and told jurors Michael killed him because Jaime knew Michael wanted to be a serial killer. The prosecutor also argued if Michael didn't know right from wrong why did he initially try to hide the fact that he committed the crime.
2:50 p.m.
Rosenbaum has concluded his closing argument. In this reporter's opinion Rosenbaum was much more clear and concise in his presentation. He ended his closing by telling jurors Michael's fate is now in their hands and that they want jurors to find Michael "not guilty because he is legally insane."
2:43 p.m.
Rosenbaum says "Michael wasn't that smart because his mind was falling apart." He cites Michael's journal, which was filled with disturbing writings. Rosenbaum has reiterated Michael claims to have had imaginary friends and would carry on conversations with coins and his dog.
2:32 p.m.
Rosenbaum reminded jurors Michael said, "I didn't know if it was right or wrong" during a taped police interview taken hours after the murder. The defense argues if Michael didn't know right from wrong especially with murder then he has to be insane.
2:25 p.m.
Defense Attorney Richard Rosenbaum has started his closing arguments. He says Michael had a mental breakdown and that's why he killed Jaime Gough. Rosenbaum has reminded jurors they provided three mental health experts while the state only offered one. All three of the experts for the defense said Michael is insane.
2:10 p.m.
Prosecution has concluded closing arguments. In this reporter's opinion Kaghan's presentation fell flat at the end. She started strong with dramatic language and took the jury into that bathroom the day of the murder. But towards the end she spent too much time reiterating facts the jury already knew, instead of using that limited time to clearly argue why Michael Hernandez was not insane when he killed Jaime Gough.
2:07 p.m.
Michael Hernandez has seemed detached during closing arguments. He's been yawning, playing with a paper or curling his hair.
1:50 p.m.
"Stupid doesn't mean insane." In the second part of her closing arguments Kaghan is telling jurors that even Michael made several "stupid" mistakes after the murder that doesn't mean he was insane at the time of the murder. Among those mistakes according to Kaghan, Michael made up a few unbelievable stories to police before confessing. She also says Michael kept the murder weapon in his book bag then let police search the bag. The prosecution has reminded the jury that criminals make "stupid" mistakes all the time if they didn't "we would never catch them."
1:40 p.m.
The state is now laying out their argument for premeditation. Kahgan is telling jurors since Hernandez stabbed Jaime over 42 times he intended on killing him. She also points out that Hernandez wore gloves, a jacket and committed the crime in a bathroom so he could get away with the murder.
1:30 p.m.
Kahgan just detailed for jurors the three requirements needed for a first degree murder conviction in this case.
First degree murder:
Jaime Gough is dead Jaimie Gough's death was caused by a criminal act from Michael Hernandez -Premeditation (the murder was planned)
1:25 p.m.
Kahgan described the murder of 14 Jaime Gough as a "brutal slaying." She just told jurors Michael Hernandez "butchered" Gough and later confessed with "steely words" in a "calmly and responsively" manner. She says Michael used the murder weapon, a knife, to search and cut a jugular vein in Jaime's neck. She reminded jurors not to use any "sympathy" when determining Hernandez's fate, rather to use the facts of the case. Kahgan also told jurors not to forget the 40 crimes scene photos that show what happened to Jaime and to hold Michael "responsiblefor each drop of blood" found in the bathroom of Southwood Middle School on Feb 3. 2004.
1:20 p.m.
Assistant State Attorney Carin Kaghan is addressing the jury.
1:13 p.m.
Jury has entered court. Both state and defense have rested their cases. State will now start with closing arguments.
9:35 a.m.
Juror instructions have been accepted by both sides. Court is adjourned until 1 p.m.
9:30 a.m.
The judge has granted each side 90 minutes for closing arguments
9 a.m.
Closing arguments will start earlier than expected. This morning the state concluded it's rebuttal. The jury was dismissed until 1 p.m. Right now the judge is going over the "juror's instructions" with the defense and prosecution. The document lays out all the possible crimes involved in this case. Both sides have to agree to the instructions.
Under cross-examination a psychiatrist for the state who examined Michael testified the teenager: "Never trusted anyone in his life." "Lacked of emotion, total disregard for others except for his family." Michael also told the doctor "Everyone dies, what's the big deal.". But the psychiatrist said Michael clearly knew right from wrong andh was knew that killing Jaime Gough was illegal. For the defense to prove Michael was insane at the time of the killing they have to show the jury Michael committed the murder not knowing it was wrong.
3:05 p.m.
The defense attorney just listed Michael's favorite movies: Natural Born Killers American Psycho Halloween Faces of Death
2:50 p.m.
Defense has introduced a report Michael wrote while at Southwood Middle entitled "Life is like a Movie."
2:10 p.m.
Back in court after about a week away. My colleague Tisha Lewis was covering the story and updating this blog last week. I've noticed some jurors now have notepads and scribble away anytime they hear something they don't want to forget. If anything it shows jurors are now keeping score to answer this question without a doubt: "Was Michael Hernandez insane when killed classmate Jaime Gough?"
"Michael thinks he's smarter than everybody else... now Michael is smarter than most 14 year old, but he thinks he's smarter than everybody else." Dr. Barry Rosenfeld"I was going to make the world a better place, the way God intended it." Michael Hernandez in interview with Dr. Barry Rosenfeld
10:14 a.m.
Jaime Gough's father and mother have just entered the courtroom, along with another Gough family member.
10:12 a.m.
If you were sitting in the courtroom at this very moment, you might feel like you are sitting in on a college psychology course and not the Psychology course that's taken freshman year as part of the general education requirements... I'm talking about the psychology courses that are taken by psychology majors... seniors in college... maybe even the graduate level. Dr. Rosenfeld still has a very conversational approach, but now he's just explained the difference between a fantasy and a delusion. Rosenfeld says we all have fantasies, as for delusions... it's a belief, a false belief, that one believes is true... Hernandez is apparently delusional.
10:02 a.m.
Hernandez's mother is sitting directly behind her son... separated by a barrier and one row. Dr. Barry Rosenfeld remains on the stand. Dr. Rosenfeld is the type of expert who takes something that would normally be very difficult to understand and simplifies the topic. He's very conversational and the type of expert that surely the defense must be please to have testify in this case. The jury seems to be very engaged in Rosenfeld's testimony. Hernandez seems to be engaged and fixated on a neon orange circled item on his flat screen inches before his face... inside the the neon orange circle... the definition of schizophrenia.
9:36 a.m.
At one point Hernandez prayed 20 times a day... some prayers lasting at least 2 hours. Hernandez seems to be shaking while Dr. Rosenfeld is speaking. Rosenfeld is speaking about Hernandez's ritualistic behavior; ie: riding his bicycle in the culdesac for exactly five songs.
9:27 a.m.
Penny. Minnie. Inner and Stopper. These are all characters that Dr. Rosenfeld said Hernandez believed were real. Penny is a lucky penny that apparenlty talked to Hernandez. Inner is an imaginary part of himself... hernandez said he "wanted to awaken 'Inner' to help him carry out" whatever it is he wanted to do... In his journal Hernandez ends every sentence with "etc." "This is not a psychologically healthy 14-year -old," Rosenfield said.
9:12 a.m.
Rosenfield said Hernandez was engaging in odd behaviors and then after a couple of months, he was convinced that he was in "training to become a serial killer." If he doesn't fall asleep by 10:30 p.m., then he punishes himself or cuts himself... "two cuts on his leg and two cuts on his arm." Michael apparently hand washes his clothing in jail everyday, because he doesn't want them to steal his jumpsuit... he could send it to be washed, but he doesn't because he believes that it could be stolen.
9:00 a.m.
Rosenfeld said schizophrenia is thought to be a genetically transmitted disorder. If it's in the family, your risk is ten times higher to develop schizophrenia. There's a very clear genetic link and basis... it's certainly not all genetic... it's a combination of the genes and circumstances in upbringing. Neither the Goughs or the Hernandez family are in court at the moment.
8:55 a.m.
Dr. Rosenfeld said that in Hernandez's case the most prominent behavior are his delusional beliefs... among them are his beliefs that he was going to kill all the people in the world... 300,000 to be exact. Hernandez apparently thought he could somehow create this method to kill all the people in the world. Schizophrenia by definition is incurable according to Dr. Rosenfeld.
8:50 a.m.
Dr. Barry Rosenfeld is on the stand. He says between 2000-2001 Hernandez's IQ was on the border of highly above average, superior. Dr. Rosenfeld says Hernandez suffers from schizophrenia and paranoia. Rosenfeld is a Professor and Clinical Director of Psychology at Fordham University. Obviously, the defense has brought him in to help build their insanity defense. Hernandez was "out of touch in some significant way with reality."
8:46 a.m.
Michael Hernandez and his attorney Richard Rosenbaum just shook hands and Rosenbaum is speaking to Hernandez. We are waiting for the jury.
Kathy Hernandez said she believes detectives took full advantage because they wanted to "wrap this case in one day and wow, what a wonderful job we did." She says she did not know the detectives were homicide detectives nor did she know that Michael was a suspect. It seems that in addition to the "insanity" defense, Michael's mother wants jurors to know that she believes her son's rights were violated.
2:59 p.m.
"It was a chilling confession and he didn't have any parents there, he didn't have any attorneys there... I saw a little 14 year old boy..." Kathy Hernandez
2:41 p.m.
Michael is looking down at this very moment as his mother fights through a very intense cross-examination.
2:24 p.m.
The prosecution and Michael's mother are having a very tense cross-examination. Lead Prosecutor and Assistant State Attorney Carin Kahgan is asking close-ended questions, Hernandez is expanding on her answers. There lies the problem for the prosecution.
"Ms. Hernandez you need to listen to my questions and answer them directly and not volunteer information." Prosecutor Carin Kahgan
2:20 p.m.
Kathy says Michael is color-blind... "color-challenged." She says he does not see pastel colors, khaki is green in Michael's eyes, purple is blue...
2:15 p.m.
Kathy Hernandez is very soft-spoken, she is quiet... she is from Augusta, Georgia. Surely she never imagined she'd be center stage in a trial that's sent shock waves across South Florida. Surely she never imagined having one last chance to defend the child that she says "changed." She continues to say when she "looks into his eyes" that's not her son, but it is her son. That's the frightening part, Hernandez says from February 3, 2004 and on Michael was a completely different child.
2:09 p.m.
A mother's fight. Kathy Hernandez remains on the stand. At this point a series of objections are coming from the prosecution. Kathy Hernandez is walking us through her account of what happened after Michael Hernandez was taken to the police department on February 3, 2004. The bottom line is that Kathy Hernandez says she was told Michael was a witness, not a suspect. Even when police took Michael Hernandez to the juvenile detention center, Kathy Hernandez says she was never told Michael was a suspect. Clearly, Kathy Hernandez wants the jury to know that she believes her son's rights were violated. Furthermore, she said mental illness "runs in the family" on both sides. Hernandez says she has a niece with Obsessive Compulsive Disorder and an aunt who committed suicide and Manny Hernandez has family members with mental illness as well.
11:48 a.m.
Michael's mother Kathy Hernandez is now on the stand. I just interviewed Manny Hernandez seconds after he stepped off the stand... we'll have much more on what he said on NBC 6 News @ 6 and South Florida Nightly News @ 7.
11:34 a.m.
Manny Hernandez says his son, Michael is mentally ill. When asked by prosecutors about his thoughts on the fact that Michael told his father "he didn't do it" but confessed on tape Michael's father says Michael's lie was no different than "police lies." Hernandez says, "Police lies are more serious... They took our son out of school without telling us, they grilled him for 12 hours without telling us, and they told us he was a witness, when they knew all the while he was suspect. That's lying, that's child abuse... An internal affairs office said 'it's ok and acceptable for the police to lie.'" Hernandez saying those were the "exact words from Detective Hernandez." The father fighting to defend his child says Michael "must have been insane when he did this, otherwise we would hear everyday about 14 year olds killing their friends."
9:25 a.m.
Micheal's father says his son was taking creatine, a performance enhancing drug.
9:19 a.m.
Michael Hernandez' father walks us through a summer where he says he began noticing changes in his son. Changes like opening a double door refrigerator, leaving it open for seconds, then closing both doors... then he would walk over to a clock and stare at it for seconds, his eating habits changed a little bit, when he finished eating dinner he would turn his silverware in the opposite direction.
9:17 a.m.
Michael liked "a lot of rap music" and in the morning he would turn on "MTV Jams" according to Manny Hernandez.
9:12 a.m.
Manny Hernandez says his wife, Kathy, was apparently an occupational therapist at Baptist Hospital during 2003, yet even she says there were "no red flags."
9:07 a.m.
Manny Hernandez: Michael developed a "neatness" at the age of 13. All jurors are glued to Manny Hernandez as he speaks about his son who had a bible and a knife collection. More than a dozen bibles and 30 knives. The summer of 2003 Michael began locking his room and his father says that Michael was a "very quiet person." Manny Hernandez describes using a screw driver to get into his son's room.
9:03 a.m.
Manny Hernandez apparently worked at the Miami Herald for years in the marketing department, before opening a thrift store. He graduated from Barry University with a degree in Business. At this moment, we're learning more about Michael's father who surely never imagined he's be testifying in a murder trial... his son the defendant.
8:49 a.m.
Michael Hernandez's father, 60-year-old Jesus "Manny" Hernandez has just entered the courtroom. He is sitting behind me, to my right. He has just been called to the stand by Defense Attorney Richard Rosenbaum.
8:47 a.m.
Prosecution and defense are going over stipulations with the judge concerning the anticipated testimony of Michael Hernandez's parents. We spoke with Kathy Hernandez last night. She will take the stand today. She believes her son was insane on February 3, 2004... yet he was found stable enough to stand trial. Noticeably absent from the courtroom at this moment are Jaime Gough's parents. Michael Hernandez is here in court today. Kathy Hernandez said she speaks to her son everyday.
This trial will last many days and in the end there could be hundreds of blogs. This will be my last blog today. There will be no court tomorrow... court resumes on Thursday at 8:30am. The judge has asked that images of an autopsy diagram not be made public, but realistically everything you've seen or heard thus far, has painted the heartbreaking picture of what happened to Jaime Gough... the innocent child who's life ended far too soon. Picture that... TCL
2:33 p.m.
Miami Dade County Chief Medical Examiner Dr. Bruce Hyma is on the stand. I will leave you with a quick snapshot of what is going on inside the courtroom. The jury is passing around and reviewing pictures of Jaime Gough's bloody hands. No images are allowed at this moment. Michael Hernandez is reading something off a computer screen; his eyes are frowned about something... Jaime Gough's mother has left the courtroom. Gough's father remains. We will return.
2:21 p.m.
Surrounded by an entourage Andre Martin was rushed out of the courthouse after his testimony. We were able to speak with him and he said, "It's a miracle" that he's alive today... When I asked him if he felt like his life was hold the last four years he said that he felt like at least now, after testifying, he is past the "speed bump." We'll have much more of Martin's interview on NBC 6 News @ 6 and South Florida Nightly News @ 7.
1:59 p.m.
"Do you know that Michael's raising an insanity defense..." Defense Attorney Richard Rosenbaum "Objection." Prosecutor Kathleen HoagueA private meeting is taking place between the prosecution and the defense as I type. Martin is still on the stand. I've decided to switch back to my prior location on the left side of the court. The jury is on my left; Jaime Gough's parents are on my right, behind me. Hernandez is looking at his attorney and then he's actually glancing in the direction of Martin as he speaks.The answer to the above exchange..."He wasn't mentally stable but not insane." Andre Martin
1:56 p.m.
"I don't recall making the statement but if it's in the deposition that means I said it." There seems to be a discrepancy concerning pornographic pictures that Michael allegedly brought to show Jaime Gough and Andre Martin. The actual discrepancy though seems to be in Martin's testimony versus a prior deposition. In a deposition, Martin apparently said that sometimes Hernandez brought in pornographic pictures from magazines and sometimes printed out from the computer, however on the stand today Martin said that the pictures were from magazines. It appears based on Rosenbaum's line of questioning... there are at least two instances where Martin's answers have changed. You could hear the tremble in Martin's voice... I'm sure he never asked to be friends with a classmate accused of murder. I'm sure he never intended to be in an Orlando courtroom trying to recall a day that likely changed his life.
1:46 p.m.
Andre Martin is on the stand and Michael Hernandez's head is down... completely down. It's hard to see if he's reading something, but as of right now, it appears that his head is just down.
1:44 p.m.
Video games. Apparently there's a game called "First Person Shooter" and according to Martin... with prodding from Defense Attorney Richard Rosenbaum, Hernandez played the video game "First Person Shooter" a game that Rosenbaum questioned "made so that it seems like you're actually shooting people." Hmmm...
1:39 p.m.
Based on Andre Martin's testimony so far, something changed with Michael Hernandez between seventh and eight grade. What that something was, remains a mystery. However, Martin says in seventh grade Michael was funny, enjoyed meeting people and all that changed in eight grade.
1:33 p.m.
Andre Martin describing how he avoided what could have been a deadly day at Southwood Middle School. Martin says he forgot to meet Hernandez in the bathroom stall on the day they were supposed to meet. The first time he heard about what happened was the evening of February 3, 2004 while watching the news.
1:27 p.m.
What a difference five minutes makes. I am back in the courtroom after interviewing Jaime Gough's parents who have been in the courtroom since Day One. Gough's father describing his emotions as "having the whole building on his shoulders." Gough's mother saying sometimes it's hard to be strong when you have to think with your "head and not your heart." At the same time, Andre Martin is on the stand describing his former classmate Michael Hernandez. A classmate Martin says that it would be "cool" to be a serial killer. That was the statement that Hernandez apparently said to Martin in 6th grade and no one apparently thought anything of the comment made back then...
1:11 p.m.
We're waiting for proceedings to resume. At this very moment I'm sitting outside the courtroom and two chairs to my left stands Andre Martin... likely the prosecution's star witness. Martin who apparently wouldn't even be here today, had he not called in sick. When I go back into the courtroom, I've decided that I will change my vantage point, so I can tell you more about Michael Hernandez and the jurors and mainly reactions to Martin's testimony. Give me a few minutes.
11:42 a.m.
Michael Hernandez reads a book while criminologist Jeffrey Johnson is on the stand.
11:33 a.m.
Back in the courtroom after 11am report. Jeff Johnson, criminologist and 19 year veteran of the Miami Dade Police department is on the stand. Johnson's specialty is forensic DNA… as he put it "where science meets law." At one point Jaime Gough's father was covering his face... science... law... heartbreak... devastation...
9:45 a.m.
Up close and personal... with the alleged murder weapon. Detective Suco wearing blue gloves and escorted by the prosecution showed the jury the bloody and "bent blade." Jurors are watching Suco's every move... the notepads are down or in laps... no one is writing.
9:41 a.m.
Pictures too graphic for television, latex gloves, a Sean John baseball cap, a red Tommy Hilfiger windbreaker... bags and bags and bags of evidence. One by one the jury sees each item. It's a tragic show and tell. The evidence telling the story of how prosecutors say a then 14 year old Michael Hernandez murdered his "friend."
9:36 a.m.
Andre Martin's family has just walked into the courtroom. Detective Suco is describing a "bent blade" along with pictures to the jury. The jury is looking at pictures that apparently show bloody knife. A bent knife said to be used in the slaying of a Gough.
9:25 a.m.
Andre Martin: What's taking place outside the courtroom at this very moment will likely a larger impact on the jury as what is taking place inside the courtroom. Andre Martin is sitting outside the courtroom and that likely indicates that Martin will soon take the stand. Martin is the classmate who allegedly escaped death on February 3, 2004, because he called in sick. In the taped confession that echoed through the courtroom yesterday, Michael Hernandez stated that he planned to kill Martin as well, but it was Jaime Gough who Hernandez said "was the easiest out of anybody" because he would "have followed me in there" because "he was such a good friend."
9:15 a.m.
Michael Hernandez is asking his attorney several questions and the attorney is nodding yes, and seconds later a series of objections are called by defense attorney Richard Rosenbaum. This is all surrounding the testimony of Detective Frank Suco who is recalling how he retrieved a knife from Hernandez's bookbag.
9:12 a.m.
Members of the jury: Most of the jurors have notepads, but most of them don't appear to be using the notepads. However, there is one juror who appears to be writing feverishly and I can only wonder what he is writing. Maybe nuggets of information about Detective Suco's testimony. As for writing about Michael's behavior in court, for the most part it has been the same... still, quiet, blank, little to no emotion.
9:10 a.m.
"There was no emotion at that point." Detective Fred Suco describing Michael Hernandez's demeanor on the day of the murder of Jaime Gough.
9:03 a.m.
Jaime Gough's family have just walked into the courtroom. Gough's mother, father and another family member have just arrived. Like yesterday, they are sitting one row behind me, to my right and three rows behind Michael Hernandez to his left, but they rarely look in that direction, just straight ahead.
8:58 a.m.
Detective Fred Suco just identified Michael Hernandez in the courtroom. Pointing out that Hernandez is wearing a shirt and tie. On any given day in a courtroom that might be normal attire, but for someone accused of murdering his classmate, I suppose it would stand out. I suppose everything would stand out. At this very moment, Jaime Gough's parents have not arrived... yet.
8:56 a.m.
The jury has just walked into the courtroom and Detective Fred Suco has taken the stand. Suco is a 25 year veteran of the Miami Dade Police Department.
8:41 a.m.
We are in the court room. Both the defense and the state just agreed to how some blood/ DNA evidence was obtained. Michael Hernandez is in the courtroom. The judge asked Hernandez if he understood the terms. Hernandez says "Yes." The judge then asks him if he has any questions and he says "No Sir." Besides media, armed security guards and attorneys, the courtroom is empty... at least for right now.
The jurors are now seeing pictures of Michael Hernandez, taken the same day he's accused of murdering his classmate. Hernandez is injured in the pictures... pictures taken by Officer Aura Jael-Rosello.
3:15 p.m.
Aura Jael-Rosello, Police Officer with the Miami Dade Police Department takes the stand.
2:39 p.m.
Follow up questions by prosecution with the lead detective. Michael is fidgeting during this process... he almost seems as if he's bored and it appears there's still a long way to go, for him and for everyone in the court room, including the Gough family. Silently sitting in the courtroom, watching... likely waiting for justice to be served.
2:25 p.m.
"Michael never cried... " According to the lead detective. Michael Hernandez was 14 years old, at the police station; accused of brutally killing his classmate and the lead detective says he never cried. He never cried.
2:14 p.m.
How do you question/ interrogate/ interview a 14 year old boy who is accused of murdering his classmate? That seems to be the focal point of today's cross-examination between the defense attorney and the lead detective.
2:00 p.m.
MIRANDA RIGHTS. The lead detective who was interviewing Michael signed the witness line on the Miranda form. Apparently the defense sees this as a problem and apparently there is not a law saying that it does or does not have to be filled out. Interesting.
1:52 p.m.
"You had no one's permission to take Michael, except for Michael alleged permission... the 14 year old." The cross examination seems to take a different a turn after I complete each sentence. One moment the defense is questioning the lead detective about the truancy law and if there are exceptions to the truancy law if a member of law enforcement takes a child away from school campus. That line of questioning has led more questions about a search warrant where creatine was reportedly seized. Creatine is a performance-enhancing drug.
1:47 p.m.
Jaime Gough's parents have just entered into the courtroom.
1:44 p.m.
"What's the difference between interrogating and interviewing?" It turns out, according to the lead detective, there is none and he lies to use the term "interviewing."
1:37 p.m.
"You never told him that he could call his parents from the school, you never told him that he could call an attorney from the school, you never told him that he had the right not to talk to you at all... did you?" That's the questioning coming from the defense to the lead detective. That's the questioning that leads to a bigger unasked question... and it's that unasked question that the defense is surely trying to place in the minds of the jurors... questions that raise doubt about how the initial investigation was handled.
1:28 p.m.
Back from lunch. Defense attorney is continuing cross-examination of lead detective. We're now viewing a yearbook picture of Michael Hernandez at age 14 and Michael Hernandez is also looking at his own year book picture, and for a slight moment he seems a bit intrigued... it's the first emotion we've seen all morning so all cameras are pointed in that direction and the jurors seem to be looking in that direction as well.
11:46 a.m.
OBJECTION. 2 a: a reason or argument presented in opposition b: a feeling or expression of disapproval2 a: a reason or argument presented in opposition b: a feeling or expression of disapproval.That's how Webster's defines objection, but the prosecution has called "Objection" twice as the defense attorney is cross examining lead detective Salvatore Garafalo and here's why. The lead detective admitted that some time had lapsed between when the police report was apparently written. You'll recall the taped interview happened February 3, 2004. The police report was apparently generated on May 1, 2004 and here's when the objection came in... seconds after Defense Attorney Rosenbaum said, "You're not telling these ladies and gentlemen of the jury that it took three months to write your report are you?" Not exactly three months, but at least two.And now we're on lunch until 1:15pm. Everyone leaves... Michael Hernandez is apparently staying for a few minutes... with two police officers guarding and watching his every move.... And one point he turns around and smiles before being escorted out the courtroom.
11:28 a.m.
The prosecution is now questioning the lead detective about the taped interview. Several jurors are now sitting with their arms crossed. One juror is actually frowning. Michael Hernandez' attorney is now cross-examining the lead detective. Michael is sitting staring straight ahead, no reaction, no emotion... just observing like the rest of us.
11:21 a.m.
Here's my question. How do you make sense of something that does not make any sense? Here's the last exchange between Hernandez and the lead investigator before the interview ended.Investigator: "Mike, you know the difference between right and wrong?" MH: "I think it was neither right, but I don't think it was wrong." Investigator: "Do you know what you did was wrong?" MH: "Yes I do."
11:14 a.m.
Jaime Gough's family members are sitting in the row behind me on my right. I can only imagine what went through their hearts, their minds, their bodies when they heard that Michael chose Jaime because "he was the easiest out of anybody" because he would "have followed me in there" because "he was such a good friend." In this taped interview we're hearing, Michael reportedly "chose Jaime" because "he was such a good friend." Imagine that...
11:10 a.m.
At some points during this taped interview it sounds as though Hernandez is reciting a script. The harsh reality is that this is far from any scripted movie, this is real life and the gruesome nature of this crime is far worse than anything that could ever be captured in any 2-hour movie.
11:04 a.m.
We're still listening to the taped interview between a 14 year old Michael Hernandez and the lead investigator who asked Hernandez "Why did you make the suggestion to Jaime to go inside the school today?" and Hernandez' answer... "I was planning to murder him... I was going to get him into the stall... because it has more room... It is near the media center and the gifted U.S. History class." In the tape we're listening to, Hernandez is recalling how he allegedly murdered his classmate and he seems to have no emotion while telling the story to the investigator. One juror seems visibly perplexed by this alleged "taped confession" by a 14-year-old Hernandez. Probably what stands out the most is that Hernandez says non-chalant that he slit his classmate's throat from left to right. At one point during the taped interview Hernandez is talking so fast, a lady in the background asked him to "slow down."
11:00 a.m.
"We've been friends since the 7th grade." That's how Michael described his relationship with the classmate he's accused of killing.
10:52 a.m.
Both the prosecution and the defense are ready to go. The jury has just been seated. They are receiving a transcript of recorded statements from the prosecution and the judge is asking the jurors to not read ahead... to simply follow along as they hear the statements. We are now listening to a recorded interview between the lead investigator and Michael Hernandez that apparently happened on February 3, 2004. Michael is asked to state his name and his address... apparently the interview happened either on Michael's birthday or shortly after it, because the investigator wished Hernandez a "happy birthday." Michael lets the investigator know that "all his classes are gifted" classes. The investigator is asking him about the Miranda warning and the investigator goes over the Miranda warning. Basically the investigator says Michael has the right to remain silent. At 14 years old he seems very well versed about the judicial system... he seems very calm during this taped interview with the lead investigator. He even seems calm in the courtroom while listening to the interview, which is playing just inches in front of him on a flat screen monitor.
10:41 a.m.
This is actually my first day in court for the Michael Hernandez trial, so it's my first time seeing this child who's accused of killing his classmate... he walked in the courtroom with a smile and if you didn't know he was accused of murder you would not know. On the surface he seems like any other teenager, except for the fact that he's on trial for murder.
10:37 a.m.
Monday morning, today is Day 3 of the Michael Hernandez trial and I'm picking up where my colleague Tom Llamas left off... We're inside courtroom 23 and at the moment everyone is on 15 minute recess, so we'll be back shortly.
Witnesses for the prosecution missed their flights yesterday, so court adjourned earlier than expected.
8:45 a.m.
Jury has just entered court, so here we go.
8:50 a.m.
Prosecutor Kathleen Hoague has called Martin De Jesus. Martin was in the gifted program at Southwood Middle with Michael. He also knew Jaime. Every time a classmate has been called to the stand they're asked to identify Michael in court. You can see once they look at Michael the surprise in their eyes because this is the first time they've been face to face with Michael in four years. He also looks much different. Michael's aged in jail. Being out of the sun for so long has kept his skin pale white. The last time his classmates saw Michael was a 14 year old boy. Now he's a young man who's spent nearly half a decade behind bars.
8:55 a.m.
Martin just testified that he saw Michael and Jaime "laughing" and goofing around on the second floor of the school. This was just minutes before the murder. I wonder what was going through Michael's mind. How could he laugh if according to his journal and his own confession he knew he was about to kill his friend. Maybe this was part of the plan to lure Jaime into the bathroom. Or maybe it's part of a pattern of behavior that shows just how demented Michael Hernandez was on Feb. 3, 2004.
9:10 a.m.
A female classmate who is now 16 has been called to the stand. She says Michael walked into her computer class on the morning of the murder with blood on his "shoes, shirt, and shirts." She also said when school officials called him to the office on that day he muttered an expletive under his breath. She also testified as did another female classmate yesterday that Michael showed her a website that had an image of a decapitated woman.
9:25 a.m.
A note about this blog.You'll notice some witnesses I name and others I don't. That's because several witnesses for the prosecution are minors. There's no need to put these teenagers under any additional stress. They cautiously walk into the courtroom and are immediately overwhelmed by the size of the room, the jury, the television cameras and of course Michael Hernandez.You can hear the anxiety in their voices once they speak into the microphone. They never look at Michael for more than two seconds. You can sense their fear.They'd much rather not be here but know they have to because as the marquee in the courtroom reads, there needs to be "equal justice under the law." These teenagers were also friends with Jaime Gough. Maybe they see another marquee that's not visible to you and I. A marquee that reads "equal justice for Jaime."
9:35 a.m.
Another female classmate, also a minor, testified Michael had blood on his clothes the morning of the murder. She says Michael showed her websites of mutilated bodies. She also told the court Michael liked logging onto celebrity websites.
9:50 a.m.
On the stand now Michael's Business Keyboard teacher Claudette Levermore.Here's how she describes Michael: "Very respectful, very well mannered, very smart" "Work was always A-1" "Articulate" "Goal (oriented) and clear" "Clean, groomed"The only behavior problem was at times he would talk to his classmates during class. She says she never had any reason to contact Michael's parents. According to Levermore she never saw a mental decline in Michael during the time leading up to the murder. On the morning of the murder Michael entered Mrs. Levermore's class (his first period class) as scheduled. The murder took place before class started. All the witnesses that have testified about seeing blood on Michael's clothes were in this Business Keyboard class. Once Jaime's body was discovered the school went into a code red status, basically a lockdown. This happened during the first period. Mrs. Levermore states Michael asked to use the bathroom claiming he had a nosebleed. She noticed a spot of blood on his clothes. Later on the Asst. Principal summoned Michael to the office. She states Michael said "Mrs. Levermore I don't know why they're calling me."
11:10 a.m.
Crime scene investigator now discussing the bathroom stall where Jaime Gough was killed. Very graphic. As crime scene photos are being passed around court Jaime's mother has her head down and is fighting back tears.
11:33 a.m.
A large poster board showing vivid and enlarged photos of the crime scene is now in front of the jury. The crime scene investigator is talking about a "busy area," that's an area where there are "multiple bloodstains." One member of the jury has his head down, I think so he doesn't have to stare at the gruesome reality in front of him. Other members look at the poster board then look away. The images are so gory no one in the jury seems to be able to look at them for too long. Individual crime scene photos are also being handed out to the jury. Most don't spend more than 05 seconds with each photo. From where he's seated Hernandez cannot see the photos. Jaime Gough's mother has left the courtroom.
11:53 a.m.
Crime scene photos are being posted on closed circuit projector screen, so they can be viewed by everyone in court on TV monitors. Michael Hernandez is now staring at a photo that shows Jaime Gough's lifeless and bloody body sprawled out on the floor. Jaime Gough's father is still in court.
12:03 p.m.
Jurors are now looking at a crime scene photo that shows Jaime Gough's neck and throat. Michael told police he slit Jaime's throat and stabbed him in the neck. Some jurors are now visibly shaken because of this image.
12:12 p.m.
Court breaking for lunch, will resume at 1:30pm.
2:44 p.m.
Miami Dade Crime Scene investigator Christopher Green has taken the stand.
3:30 p.m.
Court adjourned until Monday. We expect Andre Martin to testify next week. He's Michael's classmate who was also on the "hit list." Andre called out sick the morning Michael allegedly killed Jaime Gough. His illness may have saved his life.
The trial's being held in courtroom 23A in the ninth judicial circuit court of Florida. The trial was moved to Orlando after finding an impartial jury was impossible in Miami. Too many potential jurors had already heard about the case and had already made up their minds. Judge John Schlesinger is presiding over the case.
8:45 a.m.
Michael Hernandez had a slight grin on his face as he was led into court. Hernandez, Hernandez. Usually we've seen Hernandez in a jail jumpsuit, shackled, sporting a crew cut. But today he entered court dressed in a button-down dress shirt, slacks, and with his hair combed. He's not shackled, however two Orange County sheriff's deputies are in the court to make sure things stay safe.
8:50 a.m.
A cart holding physical evidence for the case was just wheeled into court.
8:55 a.m.
The parents of murder victim Jaime Gough just entered court. They're sitting just four rows behind the young man accused of killing their 14-year-old son. Michael can't see them directly, but he does have a TV screen in front of him that gives him a view of the entire courtroom. Michael and Jaime were classmates and friends at Southwood Middle School. olice say Michael stabbed Jaime 40 times in the school's bathroom.
9:05 a.m.
Hernandez's lawyer, Richard Rosenbaum, just conceded his client was responsible for Jaime Gough's death. He didn't concede to the first-degree murder charge. He said he would argue "manslaughter," that there was no premeditation. The judge asked Michael if he understood this, and Hernandez replied with a simple "Yes." Rosenbaum will argue his client was insane at the time of the murder.
9:15 a.m.
The jury was just sworn in.
9:16 a.m.
Michael Hernandez's parents are not in court.
9:20 a.m.
The jury (including alternates) is made up of 8 women and 7 men.
10:15 a.m.
Meet the prosecution:
Lead Prosecutor is Assistant State Attorney Carin Kahgan. Carin is a Felony Division Chief Co-Counsel is Assistant State Attorney Kathleen Hoague, who is a Chief Assistant State Attorney.
11:19 a.m.
Opening statements on both sides were delivered in a dramatic fashion. The prosecution detailed the gruesome way Jaime Gough was murdered. Prosecutor Carin Kahgan told jurors Jaime Gough was stabbed "all told more than 40 times" and that Michael Hernandez actually "broke the knife" while he killed his friend Jaime. Gough's mother wept as Kahgan stressed the grisly way Jaime was killed. The defense painted Hernandez as a tormented youth who exercised, used his computer, and watched horror movies "like crazy." Defense attorney Richard Rosenbaum told jurors Hernandez's goal by his late 20's was to kill all humans on earth and "on the space station." Rosenbaum also said Hernandez's idol was fictional serial killer and cannibal Hannibal Lecter. Sitting in court listening to the case play out I'm reminded of Truman Capote's non-fiction novel "In Cold Blood." Capote's play by play account of how two drifters killed a Midwest family. The book brings readers to the crime scene and into the minds of the killers. You get a similar experience covering a murder trial. "In Cold Blood" and the Hernandez murder trial deal with two horrifying narratives. Stories so monstrous you wish they were fiction.
2:20 p.m.
Over the last few hours the prosecution has put several witnesses on the stand. Among them the security guard who first responded to the crime scene. The scene was so gory he broke down on the stand when asked to describe what he saw that day. A Miami-Dade schools officer testified when she saw Jaime he had "a large laceration to his throat area.". She clenched her teeth in between question so she could get through testimony without crying. We also heard from Brian Gonzalez who was a 7th grader at Southwood Middle when the murder occurred. He was the first person to see Jaime dying atop the bathroom toilet. He also testified he saw Michael washing his hands in that same bathroom. A female classmate of both Jaime and Michael also testified today. She told the court Michael would log on to web sites that showed decapitated heads and vampires. When she asked him why he was doing that Hernandez allegedly replied "I like it."
2:35 p.m.
So far Michael Hernandez has showed little to no emotion throughout the first day of testimony. He seems to be oblivious to the witnesses who are fingering him as the killer and has no reaction when details of Jaime Gough's murder are outlined in court. When a classmate testified Michael acted strange and enjoyed looking at decapitated bodies online Michael looked at her as if she was describing nothing out of the ordinary. He seems to be or acting like he's completely numb to the dithery atmosphere inside of court.
2:45 p.m.
Judge just announced proceedings are done for today. A few witnesses for the prosecution missed flights. He says he's confident the prosecution because of their pace will rest it's case by the end of next week.
Day 9: Sept. 24, 2008
7:33 p.m.The jury has found Hernandez guilty of first degree murder ... guilty of first degree attempted murder.
6:45 p.m.
The jury has told the judge they will have a verdict within the hour. Jurors have been deliberating for three hours.
3:15 p.m.
Prosecution concluded its rebuttal by showing an evidence photo from Michael Hernandez's room. It shows how he hid a box of latex gloves. Police say Michael used latex gloves when he murdered Jaime Gough.
3:05 p.m.
The prosecution's rebuttal during closing arguments was much stronger than their actual closing arguments. Kaghan was fierce and passionate in her argument Michael knew what he was doing. She told jurors "he wanted to kill and he did." Michael's obsessive traits according to Kaghan show he was battling mental illness but it doesn't constitute insanity.
2:55 p.m.
State gets one last chance in front of jury. Kaghan has begun her rebuttal to the defense's closing arguments. She started by showing a photo of Jaime Gough and told jurors Michael killed him because Jaime knew Michael wanted to be a serial killer. The prosecutor also argued if Michael didn't know right from wrong why did he initially try to hide the fact that he committed the crime.
2:50 p.m.
Rosenbaum has concluded his closing argument. In this reporter's opinion Rosenbaum was much more clear and concise in his presentation. He ended his closing by telling jurors Michael's fate is now in their hands and that they want jurors to find Michael "not guilty because he is legally insane."
2:43 p.m.
Rosenbaum says "Michael wasn't that smart because his mind was falling apart." He cites Michael's journal, which was filled with disturbing writings. Rosenbaum has reiterated Michael claims to have had imaginary friends and would carry on conversations with coins and his dog.
2:32 p.m.
Rosenbaum reminded jurors Michael said, "I didn't know if it was right or wrong" during a taped police interview taken hours after the murder. The defense argues if Michael didn't know right from wrong especially with murder then he has to be insane.
2:25 p.m.
Defense Attorney Richard Rosenbaum has started his closing arguments. He says Michael had a mental breakdown and that's why he killed Jaime Gough. Rosenbaum has reminded jurors they provided three mental health experts while the state only offered one. All three of the experts for the defense said Michael is insane.
2:10 p.m.
Prosecution has concluded closing arguments. In this reporter's opinion Kaghan's presentation fell flat at the end. She started strong with dramatic language and took the jury into that bathroom the day of the murder. But towards the end she spent too much time reiterating facts the jury already knew, instead of using that limited time to clearly argue why Michael Hernandez was not insane when he killed Jaime Gough.
2:07 p.m.
Michael Hernandez has seemed detached during closing arguments. He's been yawning, playing with a paper or curling his hair.
1:50 p.m.
"Stupid doesn't mean insane." In the second part of her closing arguments Kaghan is telling jurors that even Michael made several "stupid" mistakes after the murder that doesn't mean he was insane at the time of the murder. Among those mistakes according to Kaghan, Michael made up a few unbelievable stories to police before confessing. She also says Michael kept the murder weapon in his book bag then let police search the bag. The prosecution has reminded the jury that criminals make "stupid" mistakes all the time if they didn't "we would never catch them."
1:40 p.m.
The state is now laying out their argument for premeditation. Kahgan is telling jurors since Hernandez stabbed Jaime over 42 times he intended on killing him. She also points out that Hernandez wore gloves, a jacket and committed the crime in a bathroom so he could get away with the murder.
1:30 p.m.
Kahgan just detailed for jurors the three requirements needed for a first degree murder conviction in this case.
First degree murder:
1:25 p.m.
Kahgan described the murder of 14 Jaime Gough as a "brutal slaying." She just told jurors Michael Hernandez "butchered" Gough and later confessed with "steely words" in a "calmly and responsively" manner. She says Michael used the murder weapon, a knife, to search and cut a jugular vein in Jaime's neck. She reminded jurors not to use any "sympathy" when determining Hernandez's fate, rather to use the facts of the case. Kahgan also told jurors not to forget the 40 crimes scene photos that show what happened to Jaime and to hold Michael "responsiblefor each drop of blood" found in the bathroom of Southwood Middle School on Feb 3. 2004.
1:20 p.m.
Assistant State Attorney Carin Kaghan is addressing the jury.
1:13 p.m.
Jury has entered court. Both state and defense have rested their cases. State will now start with closing arguments.
9:35 a.m.
Juror instructions have been accepted by both sides. Court is adjourned until 1 p.m.
9:30 a.m.
The judge has granted each side 90 minutes for closing arguments
9 a.m.
Closing arguments will start earlier than expected. This morning the state concluded it's rebuttal. The jury was dismissed until 1 p.m. Right now the judge is going over the "juror's instructions" with the defense and prosecution. The document lays out all the possible crimes involved in this case. Both sides have to agree to the instructions.
Day 8: Sept. 23, 2008
3:10 p.m.Under cross-examination a psychiatrist for the state who examined Michael testified the teenager: "Never trusted anyone in his life." "Lacked of emotion, total disregard for others except for his family." Michael also told the doctor "Everyone dies, what's the big deal.". But the psychiatrist said Michael clearly knew right from wrong andh was knew that killing Jaime Gough was illegal. For the defense to prove Michael was insane at the time of the killing they have to show the jury Michael committed the murder not knowing it was wrong.
3:05 p.m.
The defense attorney just listed Michael's favorite movies: Natural Born Killers American Psycho Halloween Faces of Death
2:50 p.m.
Defense has introduced a report Michael wrote while at Southwood Middle entitled "Life is like a Movie."
2:10 p.m.
Back in court after about a week away. My colleague Tisha Lewis was covering the story and updating this blog last week. I've noticed some jurors now have notepads and scribble away anytime they hear something they don't want to forget. If anything it shows jurors are now keeping score to answer this question without a doubt: "Was Michael Hernandez insane when killed classmate Jaime Gough?"
Day 6: Sept. 19, 2008
10:26 a.m."Michael thinks he's smarter than everybody else... now Michael is smarter than most 14 year old, but he thinks he's smarter than everybody else." Dr. Barry Rosenfeld"I was going to make the world a better place, the way God intended it." Michael Hernandez in interview with Dr. Barry Rosenfeld
10:14 a.m.
Jaime Gough's father and mother have just entered the courtroom, along with another Gough family member.
10:12 a.m.
If you were sitting in the courtroom at this very moment, you might feel like you are sitting in on a college psychology course and not the Psychology course that's taken freshman year as part of the general education requirements... I'm talking about the psychology courses that are taken by psychology majors... seniors in college... maybe even the graduate level. Dr. Rosenfeld still has a very conversational approach, but now he's just explained the difference between a fantasy and a delusion. Rosenfeld says we all have fantasies, as for delusions... it's a belief, a false belief, that one believes is true... Hernandez is apparently delusional.
10:02 a.m.
Hernandez's mother is sitting directly behind her son... separated by a barrier and one row. Dr. Barry Rosenfeld remains on the stand. Dr. Rosenfeld is the type of expert who takes something that would normally be very difficult to understand and simplifies the topic. He's very conversational and the type of expert that surely the defense must be please to have testify in this case. The jury seems to be very engaged in Rosenfeld's testimony. Hernandez seems to be engaged and fixated on a neon orange circled item on his flat screen inches before his face... inside the the neon orange circle... the definition of schizophrenia.
9:36 a.m.
At one point Hernandez prayed 20 times a day... some prayers lasting at least 2 hours. Hernandez seems to be shaking while Dr. Rosenfeld is speaking. Rosenfeld is speaking about Hernandez's ritualistic behavior; ie: riding his bicycle in the culdesac for exactly five songs.
9:27 a.m.
Penny. Minnie. Inner and Stopper. These are all characters that Dr. Rosenfeld said Hernandez believed were real. Penny is a lucky penny that apparenlty talked to Hernandez. Inner is an imaginary part of himself... hernandez said he "wanted to awaken 'Inner' to help him carry out" whatever it is he wanted to do... In his journal Hernandez ends every sentence with "etc." "This is not a psychologically healthy 14-year -old," Rosenfield said.
9:12 a.m.
Rosenfield said Hernandez was engaging in odd behaviors and then after a couple of months, he was convinced that he was in "training to become a serial killer." If he doesn't fall asleep by 10:30 p.m., then he punishes himself or cuts himself... "two cuts on his leg and two cuts on his arm." Michael apparently hand washes his clothing in jail everyday, because he doesn't want them to steal his jumpsuit... he could send it to be washed, but he doesn't because he believes that it could be stolen.
9:00 a.m.
Rosenfeld said schizophrenia is thought to be a genetically transmitted disorder. If it's in the family, your risk is ten times higher to develop schizophrenia. There's a very clear genetic link and basis... it's certainly not all genetic... it's a combination of the genes and circumstances in upbringing. Neither the Goughs or the Hernandez family are in court at the moment.
8:55 a.m.
Dr. Rosenfeld said that in Hernandez's case the most prominent behavior are his delusional beliefs... among them are his beliefs that he was going to kill all the people in the world... 300,000 to be exact. Hernandez apparently thought he could somehow create this method to kill all the people in the world. Schizophrenia by definition is incurable according to Dr. Rosenfeld.
8:50 a.m.
Dr. Barry Rosenfeld is on the stand. He says between 2000-2001 Hernandez's IQ was on the border of highly above average, superior. Dr. Rosenfeld says Hernandez suffers from schizophrenia and paranoia. Rosenfeld is a Professor and Clinical Director of Psychology at Fordham University. Obviously, the defense has brought him in to help build their insanity defense. Hernandez was "out of touch in some significant way with reality."
8:46 a.m.
Michael Hernandez and his attorney Richard Rosenbaum just shook hands and Rosenbaum is speaking to Hernandez. We are waiting for the jury.
Day 5: Sept. 18, 2008
3:07 p.m.Kathy Hernandez said she believes detectives took full advantage because they wanted to "wrap this case in one day and wow, what a wonderful job we did." She says she did not know the detectives were homicide detectives nor did she know that Michael was a suspect. It seems that in addition to the "insanity" defense, Michael's mother wants jurors to know that she believes her son's rights were violated.
2:59 p.m.
"It was a chilling confession and he didn't have any parents there, he didn't have any attorneys there... I saw a little 14 year old boy..." Kathy Hernandez
2:41 p.m.
Michael is looking down at this very moment as his mother fights through a very intense cross-examination.
2:24 p.m.
The prosecution and Michael's mother are having a very tense cross-examination. Lead Prosecutor and Assistant State Attorney Carin Kahgan is asking close-ended questions, Hernandez is expanding on her answers. There lies the problem for the prosecution.
2:20 p.m.
Kathy says Michael is color-blind... "color-challenged." She says he does not see pastel colors, khaki is green in Michael's eyes, purple is blue...
2:15 p.m.
Kathy Hernandez is very soft-spoken, she is quiet... she is from Augusta, Georgia. Surely she never imagined she'd be center stage in a trial that's sent shock waves across South Florida. Surely she never imagined having one last chance to defend the child that she says "changed." She continues to say when she "looks into his eyes" that's not her son, but it is her son. That's the frightening part, Hernandez says from February 3, 2004 and on Michael was a completely different child.
2:09 p.m.
A mother's fight. Kathy Hernandez remains on the stand. At this point a series of objections are coming from the prosecution. Kathy Hernandez is walking us through her account of what happened after Michael Hernandez was taken to the police department on February 3, 2004. The bottom line is that Kathy Hernandez says she was told Michael was a witness, not a suspect. Even when police took Michael Hernandez to the juvenile detention center, Kathy Hernandez says she was never told Michael was a suspect. Clearly, Kathy Hernandez wants the jury to know that she believes her son's rights were violated. Furthermore, she said mental illness "runs in the family" on both sides. Hernandez says she has a niece with Obsessive Compulsive Disorder and an aunt who committed suicide and Manny Hernandez has family members with mental illness as well.
11:48 a.m.
Michael's mother Kathy Hernandez is now on the stand. I just interviewed Manny Hernandez seconds after he stepped off the stand... we'll have much more on what he said on NBC 6 News @ 6 and South Florida Nightly News @ 7.
11:34 a.m.
Manny Hernandez says his son, Michael is mentally ill. When asked by prosecutors about his thoughts on the fact that Michael told his father "he didn't do it" but confessed on tape Michael's father says Michael's lie was no different than "police lies." Hernandez says, "Police lies are more serious... They took our son out of school without telling us, they grilled him for 12 hours without telling us, and they told us he was a witness, when they knew all the while he was suspect. That's lying, that's child abuse... An internal affairs office said 'it's ok and acceptable for the police to lie.'" Hernandez saying those were the "exact words from Detective Hernandez." The father fighting to defend his child says Michael "must have been insane when he did this, otherwise we would hear everyday about 14 year olds killing their friends."
9:25 a.m.
Micheal's father says his son was taking creatine, a performance enhancing drug.
9:19 a.m.
Michael Hernandez' father walks us through a summer where he says he began noticing changes in his son. Changes like opening a double door refrigerator, leaving it open for seconds, then closing both doors... then he would walk over to a clock and stare at it for seconds, his eating habits changed a little bit, when he finished eating dinner he would turn his silverware in the opposite direction.
9:17 a.m.
Michael liked "a lot of rap music" and in the morning he would turn on "MTV Jams" according to Manny Hernandez.
9:12 a.m.
Manny Hernandez says his wife, Kathy, was apparently an occupational therapist at Baptist Hospital during 2003, yet even she says there were "no red flags."
9:07 a.m.
Manny Hernandez: Michael developed a "neatness" at the age of 13. All jurors are glued to Manny Hernandez as he speaks about his son who had a bible and a knife collection. More than a dozen bibles and 30 knives. The summer of 2003 Michael began locking his room and his father says that Michael was a "very quiet person." Manny Hernandez describes using a screw driver to get into his son's room.
9:03 a.m.
Manny Hernandez apparently worked at the Miami Herald for years in the marketing department, before opening a thrift store. He graduated from Barry University with a degree in Business. At this moment, we're learning more about Michael's father who surely never imagined he's be testifying in a murder trial... his son the defendant.
8:49 a.m.
Michael Hernandez's father, 60-year-old Jesus "Manny" Hernandez has just entered the courtroom. He is sitting behind me, to my right. He has just been called to the stand by Defense Attorney Richard Rosenbaum.
8:47 a.m.
Prosecution and defense are going over stipulations with the judge concerning the anticipated testimony of Michael Hernandez's parents. We spoke with Kathy Hernandez last night. She will take the stand today. She believes her son was insane on February 3, 2004... yet he was found stable enough to stand trial. Noticeably absent from the courtroom at this moment are Jaime Gough's parents. Michael Hernandez is here in court today. Kathy Hernandez said she speaks to her son everyday.
Day 4: Sept. 16, 2008
5:04 p.m.This trial will last many days and in the end there could be hundreds of blogs. This will be my last blog today. There will be no court tomorrow... court resumes on Thursday at 8:30am. The judge has asked that images of an autopsy diagram not be made public, but realistically everything you've seen or heard thus far, has painted the heartbreaking picture of what happened to Jaime Gough... the innocent child who's life ended far too soon. Picture that... TCL
2:33 p.m.
Miami Dade County Chief Medical Examiner Dr. Bruce Hyma is on the stand. I will leave you with a quick snapshot of what is going on inside the courtroom. The jury is passing around and reviewing pictures of Jaime Gough's bloody hands. No images are allowed at this moment. Michael Hernandez is reading something off a computer screen; his eyes are frowned about something... Jaime Gough's mother has left the courtroom. Gough's father remains. We will return.
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Surrounded by an entourage Andre Martin was rushed out of the courthouse after his testimony. We were able to speak with him and he said, "It's a miracle" that he's alive today... When I asked him if he felt like his life was hold the last four years he said that he felt like at least now, after testifying, he is past the "speed bump." We'll have much more of Martin's interview on NBC 6 News @ 6 and South Florida Nightly News @ 7.
1:59 p.m.
"Do you know that Michael's raising an insanity defense..." Defense Attorney Richard Rosenbaum "Objection." Prosecutor Kathleen HoagueA private meeting is taking place between the prosecution and the defense as I type. Martin is still on the stand. I've decided to switch back to my prior location on the left side of the court. The jury is on my left; Jaime Gough's parents are on my right, behind me. Hernandez is looking at his attorney and then he's actually glancing in the direction of Martin as he speaks.The answer to the above exchange..."He wasn't mentally stable but not insane." Andre Martin
1:56 p.m.
"I don't recall making the statement but if it's in the deposition that means I said it." There seems to be a discrepancy concerning pornographic pictures that Michael allegedly brought to show Jaime Gough and Andre Martin. The actual discrepancy though seems to be in Martin's testimony versus a prior deposition. In a deposition, Martin apparently said that sometimes Hernandez brought in pornographic pictures from magazines and sometimes printed out from the computer, however on the stand today Martin said that the pictures were from magazines. It appears based on Rosenbaum's line of questioning... there are at least two instances where Martin's answers have changed. You could hear the tremble in Martin's voice... I'm sure he never asked to be friends with a classmate accused of murder. I'm sure he never intended to be in an Orlando courtroom trying to recall a day that likely changed his life.
1:46 p.m.
Andre Martin is on the stand and Michael Hernandez's head is down... completely down. It's hard to see if he's reading something, but as of right now, it appears that his head is just down.
1:44 p.m.
Video games. Apparently there's a game called "First Person Shooter" and according to Martin... with prodding from Defense Attorney Richard Rosenbaum, Hernandez played the video game "First Person Shooter" a game that Rosenbaum questioned "made so that it seems like you're actually shooting people." Hmmm...
1:39 p.m.
Based on Andre Martin's testimony so far, something changed with Michael Hernandez between seventh and eight grade. What that something was, remains a mystery. However, Martin says in seventh grade Michael was funny, enjoyed meeting people and all that changed in eight grade.
1:33 p.m.
Andre Martin describing how he avoided what could have been a deadly day at Southwood Middle School. Martin says he forgot to meet Hernandez in the bathroom stall on the day they were supposed to meet. The first time he heard about what happened was the evening of February 3, 2004 while watching the news.
1:27 p.m.
What a difference five minutes makes. I am back in the courtroom after interviewing Jaime Gough's parents who have been in the courtroom since Day One. Gough's father describing his emotions as "having the whole building on his shoulders." Gough's mother saying sometimes it's hard to be strong when you have to think with your "head and not your heart." At the same time, Andre Martin is on the stand describing his former classmate Michael Hernandez. A classmate Martin says that it would be "cool" to be a serial killer. That was the statement that Hernandez apparently said to Martin in 6th grade and no one apparently thought anything of the comment made back then...
1:11 p.m.
We're waiting for proceedings to resume. At this very moment I'm sitting outside the courtroom and two chairs to my left stands Andre Martin... likely the prosecution's star witness. Martin who apparently wouldn't even be here today, had he not called in sick. When I go back into the courtroom, I've decided that I will change my vantage point, so I can tell you more about Michael Hernandez and the jurors and mainly reactions to Martin's testimony. Give me a few minutes.
11:42 a.m.
Michael Hernandez reads a book while criminologist Jeffrey Johnson is on the stand.
11:33 a.m.
Back in the courtroom after 11am report. Jeff Johnson, criminologist and 19 year veteran of the Miami Dade Police department is on the stand. Johnson's specialty is forensic DNA… as he put it "where science meets law." At one point Jaime Gough's father was covering his face... science... law... heartbreak... devastation...
9:45 a.m.
Up close and personal... with the alleged murder weapon. Detective Suco wearing blue gloves and escorted by the prosecution showed the jury the bloody and "bent blade." Jurors are watching Suco's every move... the notepads are down or in laps... no one is writing.
9:41 a.m.
Pictures too graphic for television, latex gloves, a Sean John baseball cap, a red Tommy Hilfiger windbreaker... bags and bags and bags of evidence. One by one the jury sees each item. It's a tragic show and tell. The evidence telling the story of how prosecutors say a then 14 year old Michael Hernandez murdered his "friend."
9:36 a.m.
Andre Martin's family has just walked into the courtroom. Detective Suco is describing a "bent blade" along with pictures to the jury. The jury is looking at pictures that apparently show bloody knife. A bent knife said to be used in the slaying of a Gough.
9:25 a.m.
Andre Martin: What's taking place outside the courtroom at this very moment will likely a larger impact on the jury as what is taking place inside the courtroom. Andre Martin is sitting outside the courtroom and that likely indicates that Martin will soon take the stand. Martin is the classmate who allegedly escaped death on February 3, 2004, because he called in sick. In the taped confession that echoed through the courtroom yesterday, Michael Hernandez stated that he planned to kill Martin as well, but it was Jaime Gough who Hernandez said "was the easiest out of anybody" because he would "have followed me in there" because "he was such a good friend."
9:15 a.m.
Michael Hernandez is asking his attorney several questions and the attorney is nodding yes, and seconds later a series of objections are called by defense attorney Richard Rosenbaum. This is all surrounding the testimony of Detective Frank Suco who is recalling how he retrieved a knife from Hernandez's bookbag.
9:12 a.m.
Members of the jury: Most of the jurors have notepads, but most of them don't appear to be using the notepads. However, there is one juror who appears to be writing feverishly and I can only wonder what he is writing. Maybe nuggets of information about Detective Suco's testimony. As for writing about Michael's behavior in court, for the most part it has been the same... still, quiet, blank, little to no emotion.
9:10 a.m.
"There was no emotion at that point." Detective Fred Suco describing Michael Hernandez's demeanor on the day of the murder of Jaime Gough.
9:03 a.m.
Jaime Gough's family have just walked into the courtroom. Gough's mother, father and another family member have just arrived. Like yesterday, they are sitting one row behind me, to my right and three rows behind Michael Hernandez to his left, but they rarely look in that direction, just straight ahead.
8:58 a.m.
Detective Fred Suco just identified Michael Hernandez in the courtroom. Pointing out that Hernandez is wearing a shirt and tie. On any given day in a courtroom that might be normal attire, but for someone accused of murdering his classmate, I suppose it would stand out. I suppose everything would stand out. At this very moment, Jaime Gough's parents have not arrived... yet.
8:56 a.m.
The jury has just walked into the courtroom and Detective Fred Suco has taken the stand. Suco is a 25 year veteran of the Miami Dade Police Department.
8:41 a.m.
We are in the court room. Both the defense and the state just agreed to how some blood/ DNA evidence was obtained. Michael Hernandez is in the courtroom. The judge asked Hernandez if he understood the terms. Hernandez says "Yes." The judge then asks him if he has any questions and he says "No Sir." Besides media, armed security guards and attorneys, the courtroom is empty... at least for right now.
Day 3: Sept. 15, 2008
3:25 p.m.The jurors are now seeing pictures of Michael Hernandez, taken the same day he's accused of murdering his classmate. Hernandez is injured in the pictures... pictures taken by Officer Aura Jael-Rosello.
3:15 p.m.
Aura Jael-Rosello, Police Officer with the Miami Dade Police Department takes the stand.
2:39 p.m.
Follow up questions by prosecution with the lead detective. Michael is fidgeting during this process... he almost seems as if he's bored and it appears there's still a long way to go, for him and for everyone in the court room, including the Gough family. Silently sitting in the courtroom, watching... likely waiting for justice to be served.
2:25 p.m.
"Michael never cried... " According to the lead detective. Michael Hernandez was 14 years old, at the police station; accused of brutally killing his classmate and the lead detective says he never cried. He never cried.
2:14 p.m.
How do you question/ interrogate/ interview a 14 year old boy who is accused of murdering his classmate? That seems to be the focal point of today's cross-examination between the defense attorney and the lead detective.
2:00 p.m.
MIRANDA RIGHTS. The lead detective who was interviewing Michael signed the witness line on the Miranda form. Apparently the defense sees this as a problem and apparently there is not a law saying that it does or does not have to be filled out. Interesting.
1:52 p.m.
"You had no one's permission to take Michael, except for Michael alleged permission... the 14 year old." The cross examination seems to take a different a turn after I complete each sentence. One moment the defense is questioning the lead detective about the truancy law and if there are exceptions to the truancy law if a member of law enforcement takes a child away from school campus. That line of questioning has led more questions about a search warrant where creatine was reportedly seized. Creatine is a performance-enhancing drug.
1:47 p.m.
Jaime Gough's parents have just entered into the courtroom.
1:44 p.m.
"What's the difference between interrogating and interviewing?" It turns out, according to the lead detective, there is none and he lies to use the term "interviewing."
1:37 p.m.
"You never told him that he could call his parents from the school, you never told him that he could call an attorney from the school, you never told him that he had the right not to talk to you at all... did you?" That's the questioning coming from the defense to the lead detective. That's the questioning that leads to a bigger unasked question... and it's that unasked question that the defense is surely trying to place in the minds of the jurors... questions that raise doubt about how the initial investigation was handled.
1:28 p.m.
Back from lunch. Defense attorney is continuing cross-examination of lead detective. We're now viewing a yearbook picture of Michael Hernandez at age 14 and Michael Hernandez is also looking at his own year book picture, and for a slight moment he seems a bit intrigued... it's the first emotion we've seen all morning so all cameras are pointed in that direction and the jurors seem to be looking in that direction as well.
11:46 a.m.
OBJECTION. 2 a: a reason or argument presented in opposition b: a feeling or expression of disapproval2 a: a reason or argument presented in opposition b: a feeling or expression of disapproval.That's how Webster's defines objection, but the prosecution has called "Objection" twice as the defense attorney is cross examining lead detective Salvatore Garafalo and here's why. The lead detective admitted that some time had lapsed between when the police report was apparently written. You'll recall the taped interview happened February 3, 2004. The police report was apparently generated on May 1, 2004 and here's when the objection came in... seconds after Defense Attorney Rosenbaum said, "You're not telling these ladies and gentlemen of the jury that it took three months to write your report are you?" Not exactly three months, but at least two.And now we're on lunch until 1:15pm. Everyone leaves... Michael Hernandez is apparently staying for a few minutes... with two police officers guarding and watching his every move.... And one point he turns around and smiles before being escorted out the courtroom.
11:28 a.m.
The prosecution is now questioning the lead detective about the taped interview. Several jurors are now sitting with their arms crossed. One juror is actually frowning. Michael Hernandez' attorney is now cross-examining the lead detective. Michael is sitting staring straight ahead, no reaction, no emotion... just observing like the rest of us.
11:21 a.m.
Here's my question. How do you make sense of something that does not make any sense? Here's the last exchange between Hernandez and the lead investigator before the interview ended.Investigator: "Mike, you know the difference between right and wrong?" MH: "I think it was neither right, but I don't think it was wrong." Investigator: "Do you know what you did was wrong?" MH: "Yes I do."
11:14 a.m.
Jaime Gough's family members are sitting in the row behind me on my right. I can only imagine what went through their hearts, their minds, their bodies when they heard that Michael chose Jaime because "he was the easiest out of anybody" because he would "have followed me in there" because "he was such a good friend." In this taped interview we're hearing, Michael reportedly "chose Jaime" because "he was such a good friend." Imagine that...
11:10 a.m.
At some points during this taped interview it sounds as though Hernandez is reciting a script. The harsh reality is that this is far from any scripted movie, this is real life and the gruesome nature of this crime is far worse than anything that could ever be captured in any 2-hour movie.
11:04 a.m.
We're still listening to the taped interview between a 14 year old Michael Hernandez and the lead investigator who asked Hernandez "Why did you make the suggestion to Jaime to go inside the school today?" and Hernandez' answer... "I was planning to murder him... I was going to get him into the stall... because it has more room... It is near the media center and the gifted U.S. History class." In the tape we're listening to, Hernandez is recalling how he allegedly murdered his classmate and he seems to have no emotion while telling the story to the investigator. One juror seems visibly perplexed by this alleged "taped confession" by a 14-year-old Hernandez. Probably what stands out the most is that Hernandez says non-chalant that he slit his classmate's throat from left to right. At one point during the taped interview Hernandez is talking so fast, a lady in the background asked him to "slow down."
11:00 a.m.
"We've been friends since the 7th grade." That's how Michael described his relationship with the classmate he's accused of killing.
10:52 a.m.
Both the prosecution and the defense are ready to go. The jury has just been seated. They are receiving a transcript of recorded statements from the prosecution and the judge is asking the jurors to not read ahead... to simply follow along as they hear the statements. We are now listening to a recorded interview between the lead investigator and Michael Hernandez that apparently happened on February 3, 2004. Michael is asked to state his name and his address... apparently the interview happened either on Michael's birthday or shortly after it, because the investigator wished Hernandez a "happy birthday." Michael lets the investigator know that "all his classes are gifted" classes. The investigator is asking him about the Miranda warning and the investigator goes over the Miranda warning. Basically the investigator says Michael has the right to remain silent. At 14 years old he seems very well versed about the judicial system... he seems very calm during this taped interview with the lead investigator. He even seems calm in the courtroom while listening to the interview, which is playing just inches in front of him on a flat screen monitor.
10:41 a.m.
This is actually my first day in court for the Michael Hernandez trial, so it's my first time seeing this child who's accused of killing his classmate... he walked in the courtroom with a smile and if you didn't know he was accused of murder you would not know. On the surface he seems like any other teenager, except for the fact that he's on trial for murder.
10:37 a.m.
Monday morning, today is Day 3 of the Michael Hernandez trial and I'm picking up where my colleague Tom Llamas left off... We're inside courtroom 23 and at the moment everyone is on 15 minute recess, so we'll be back shortly.
Day 2: Sept. 12, 2008
8:35 a.m.Witnesses for the prosecution missed their flights yesterday, so court adjourned earlier than expected.
8:45 a.m.
Jury has just entered court, so here we go.
8:50 a.m.
Prosecutor Kathleen Hoague has called Martin De Jesus. Martin was in the gifted program at Southwood Middle with Michael. He also knew Jaime. Every time a classmate has been called to the stand they're asked to identify Michael in court. You can see once they look at Michael the surprise in their eyes because this is the first time they've been face to face with Michael in four years. He also looks much different. Michael's aged in jail. Being out of the sun for so long has kept his skin pale white. The last time his classmates saw Michael was a 14 year old boy. Now he's a young man who's spent nearly half a decade behind bars.
8:55 a.m.
Martin just testified that he saw Michael and Jaime "laughing" and goofing around on the second floor of the school. This was just minutes before the murder. I wonder what was going through Michael's mind. How could he laugh if according to his journal and his own confession he knew he was about to kill his friend. Maybe this was part of the plan to lure Jaime into the bathroom. Or maybe it's part of a pattern of behavior that shows just how demented Michael Hernandez was on Feb. 3, 2004.
9:10 a.m.
A female classmate who is now 16 has been called to the stand. She says Michael walked into her computer class on the morning of the murder with blood on his "shoes, shirt, and shirts." She also said when school officials called him to the office on that day he muttered an expletive under his breath. She also testified as did another female classmate yesterday that Michael showed her a website that had an image of a decapitated woman.
9:25 a.m.
A note about this blog.You'll notice some witnesses I name and others I don't. That's because several witnesses for the prosecution are minors. There's no need to put these teenagers under any additional stress. They cautiously walk into the courtroom and are immediately overwhelmed by the size of the room, the jury, the television cameras and of course Michael Hernandez.You can hear the anxiety in their voices once they speak into the microphone. They never look at Michael for more than two seconds. You can sense their fear.They'd much rather not be here but know they have to because as the marquee in the courtroom reads, there needs to be "equal justice under the law." These teenagers were also friends with Jaime Gough. Maybe they see another marquee that's not visible to you and I. A marquee that reads "equal justice for Jaime."
9:35 a.m.
Another female classmate, also a minor, testified Michael had blood on his clothes the morning of the murder. She says Michael showed her websites of mutilated bodies. She also told the court Michael liked logging onto celebrity websites.
9:50 a.m.
On the stand now Michael's Business Keyboard teacher Claudette Levermore.Here's how she describes Michael: "Very respectful, very well mannered, very smart" "Work was always A-1" "Articulate" "Goal (oriented) and clear" "Clean, groomed"The only behavior problem was at times he would talk to his classmates during class. She says she never had any reason to contact Michael's parents. According to Levermore she never saw a mental decline in Michael during the time leading up to the murder. On the morning of the murder Michael entered Mrs. Levermore's class (his first period class) as scheduled. The murder took place before class started. All the witnesses that have testified about seeing blood on Michael's clothes were in this Business Keyboard class. Once Jaime's body was discovered the school went into a code red status, basically a lockdown. This happened during the first period. Mrs. Levermore states Michael asked to use the bathroom claiming he had a nosebleed. She noticed a spot of blood on his clothes. Later on the Asst. Principal summoned Michael to the office. She states Michael said "Mrs. Levermore I don't know why they're calling me."
11:10 a.m.
Crime scene investigator now discussing the bathroom stall where Jaime Gough was killed. Very graphic. As crime scene photos are being passed around court Jaime's mother has her head down and is fighting back tears.
11:33 a.m.
A large poster board showing vivid and enlarged photos of the crime scene is now in front of the jury. The crime scene investigator is talking about a "busy area," that's an area where there are "multiple bloodstains." One member of the jury has his head down, I think so he doesn't have to stare at the gruesome reality in front of him. Other members look at the poster board then look away. The images are so gory no one in the jury seems to be able to look at them for too long. Individual crime scene photos are also being handed out to the jury. Most don't spend more than 05 seconds with each photo. From where he's seated Hernandez cannot see the photos. Jaime Gough's mother has left the courtroom.
11:53 a.m.
Crime scene photos are being posted on closed circuit projector screen, so they can be viewed by everyone in court on TV monitors. Michael Hernandez is now staring at a photo that shows Jaime Gough's lifeless and bloody body sprawled out on the floor. Jaime Gough's father is still in court.
12:03 p.m.
Jurors are now looking at a crime scene photo that shows Jaime Gough's neck and throat. Michael told police he slit Jaime's throat and stabbed him in the neck. Some jurors are now visibly shaken because of this image.
12:12 p.m.
Court breaking for lunch, will resume at 1:30pm.
2:44 p.m.
Miami Dade Crime Scene investigator Christopher Green has taken the stand.
3:30 p.m.
Court adjourned until Monday. We expect Andre Martin to testify next week. He's Michael's classmate who was also on the "hit list." Andre called out sick the morning Michael allegedly killed Jaime Gough. His illness may have saved his life.
Day 1: Sept. 11, 2008
Opening Statements: 8:40 a.m.The trial's being held in courtroom 23A in the ninth judicial circuit court of Florida. The trial was moved to Orlando after finding an impartial jury was impossible in Miami. Too many potential jurors had already heard about the case and had already made up their minds. Judge John Schlesinger is presiding over the case.
8:45 a.m.
Michael Hernandez had a slight grin on his face as he was led into court. Hernandez, Hernandez. Usually we've seen Hernandez in a jail jumpsuit, shackled, sporting a crew cut. But today he entered court dressed in a button-down dress shirt, slacks, and with his hair combed. He's not shackled, however two Orange County sheriff's deputies are in the court to make sure things stay safe.
8:50 a.m.
A cart holding physical evidence for the case was just wheeled into court.
8:55 a.m.
The parents of murder victim Jaime Gough just entered court. They're sitting just four rows behind the young man accused of killing their 14-year-old son. Michael can't see them directly, but he does have a TV screen in front of him that gives him a view of the entire courtroom. Michael and Jaime were classmates and friends at Southwood Middle School. olice say Michael stabbed Jaime 40 times in the school's bathroom.
9:05 a.m.
Hernandez's lawyer, Richard Rosenbaum, just conceded his client was responsible for Jaime Gough's death. He didn't concede to the first-degree murder charge. He said he would argue "manslaughter," that there was no premeditation. The judge asked Michael if he understood this, and Hernandez replied with a simple "Yes." Rosenbaum will argue his client was insane at the time of the murder.
9:15 a.m.
The jury was just sworn in.
9:16 a.m.
Michael Hernandez's parents are not in court.
9:20 a.m.
The jury (including alternates) is made up of 8 women and 7 men.
10:15 a.m.
Meet the prosecution:
Lead Prosecutor is Assistant State Attorney Carin Kahgan. Carin is a Felony Division Chief Co-Counsel is Assistant State Attorney Kathleen Hoague, who is a Chief Assistant State Attorney.
11:19 a.m.
Opening statements on both sides were delivered in a dramatic fashion. The prosecution detailed the gruesome way Jaime Gough was murdered. Prosecutor Carin Kahgan told jurors Jaime Gough was stabbed "all told more than 40 times" and that Michael Hernandez actually "broke the knife" while he killed his friend Jaime. Gough's mother wept as Kahgan stressed the grisly way Jaime was killed. The defense painted Hernandez as a tormented youth who exercised, used his computer, and watched horror movies "like crazy." Defense attorney Richard Rosenbaum told jurors Hernandez's goal by his late 20's was to kill all humans on earth and "on the space station." Rosenbaum also said Hernandez's idol was fictional serial killer and cannibal Hannibal Lecter. Sitting in court listening to the case play out I'm reminded of Truman Capote's non-fiction novel "In Cold Blood." Capote's play by play account of how two drifters killed a Midwest family. The book brings readers to the crime scene and into the minds of the killers. You get a similar experience covering a murder trial. "In Cold Blood" and the Hernandez murder trial deal with two horrifying narratives. Stories so monstrous you wish they were fiction.
2:20 p.m.
Over the last few hours the prosecution has put several witnesses on the stand. Among them the security guard who first responded to the crime scene. The scene was so gory he broke down on the stand when asked to describe what he saw that day. A Miami-Dade schools officer testified when she saw Jaime he had "a large laceration to his throat area.". She clenched her teeth in between question so she could get through testimony without crying. We also heard from Brian Gonzalez who was a 7th grader at Southwood Middle when the murder occurred. He was the first person to see Jaime dying atop the bathroom toilet. He also testified he saw Michael washing his hands in that same bathroom. A female classmate of both Jaime and Michael also testified today. She told the court Michael would log on to web sites that showed decapitated heads and vampires. When she asked him why he was doing that Hernandez allegedly replied "I like it."
2:35 p.m.
So far Michael Hernandez has showed little to no emotion throughout the first day of testimony. He seems to be oblivious to the witnesses who are fingering him as the killer and has no reaction when details of Jaime Gough's murder are outlined in court. When a classmate testified Michael acted strange and enjoyed looking at decapitated bodies online Michael looked at her as if she was describing nothing out of the ordinary. He seems to be or acting like he's completely numb to the dithery atmosphere inside of court.
2:45 p.m.
Judge just announced proceedings are done for today. A few witnesses for the prosecution missed flights. He says he's confident the prosecution because of their pace will rest it's case by the end of next week.
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